What you need to know
An Emergency Protection Order (EPO) is a type of restraining order that may be used when family violence has occurred.
An EPO can include conditions to help protect someone from further family violence, including restrictions on contact or requiring someone to stay away from a residence or workplace.
Legal Aid Alberta duty counsel can provide help and information about applying for an EPO.
EPO applications can be made through the court, and outside normal court hours, through the hearing office.
Legal Aid Alberta also provides free legal assistance for EPO reviews at the Court of King’s Bench, regardless of income.
What is an Emergency Protection Order, and when might someone need one?
An Emergency Protection Order is a type of restraining order that applies between family members when family violence has taken place. It can restrain someone, evict someone from a residence if necessary, and impose other terms and conditions on communication between family members.
Can you give some examples of situations where an EPO might be used?
EPOs are used for things like severe physical violence or where there are threats to people, family members or even pets. They’re used where there is stalking, any type of sexual abuse or even property damage.
How does someone get an EPO?
Legal Aid Alberta has duty counsel at the courthouses in Edmonton and Calgary, and they can give people advice on how to apply. In other parts of the province, you can go to your Alberta Court of Justice, where there are applications that can be filled out.
The Government of Alberta website has a really good information section on Emergency Protection Orders if you search for it in your internet browser. Outside of normal court hours, people can also apply for EPOs over the phone through the hearing office.
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Do you need a lawyer to apply for an EPO, or do you need to go through Legal Aid Alberta?
You can go directly to the courthouse and file your own application or call the hearing office. There’s also an online application process.
However, after the fact, there’s a review that takes place at the Court of King’s Bench, and Legal Aid Alberta has free assistance available for every Albertan, regardless of income. That’s through our Emergency Protection Order duty counsel for reviews, so there are lawyers available to help you. People are always free to represent themselves, but it’s nice to have that assistance.
Not everyone feels safe to openly seek help from their home. Are there discreet ways to access an EPO or find out more information?
Going through the Government of Alberta website is a good way to get information. You can also call Legal Aid Alberta and ask to speak to a duty counsel lawyer.
I think it’s really important for people to know they are not alone and there are people who know how to help them. We often make referrals to community partner agencies and vice versa. There are a lot of people working on this problem and trying to help people in need.
When someone reaches out to a Legal Aid Alberta lawyer for help with an EPO, what does that process look like?
It can be difficult going through the court system, so it’s really helpful to have someone to help you navigate it. We explain the limitations of the EPO and what it can do. We also go through what types of terms and conditions would be appropriate. Sometimes that might involve keeping people away from family members’ residences or workplaces.
There are all kinds of things that can come into play, so it’s important to go through the individual’s circumstances and figure out what they need to keep them safe.